There are two reasons specific individuals might resist their arrest in jail. First, when someone is arrested for an offense they did not commit, and second, when the person is detained for a crime they committed, but fights arrest to prevent facing allegations and consequences. Resistance is characterized as rebellious actions, including escaping, engaging in physical battles, or arguing with police officers. People often try to prove their innocence to the authorities by doing so, which only further incriminates them. That is why it is vital for anyone facing criminal allegations related to resisting arrest to take action immediately by getting a qualified and knowledgeable dui lawyers mesa.
You may face higher penalties if you resist DUI arrest.
When someone resists an arrest, they avoid, hinder, or delay law enforcement personnel from performing their duties. Apart from any consequences of your DUI, you may also be liable for severe penalties for such offenses. Resisting arrest is a misdemeanor crime that carries a $1,000 fine and a maximum sentence in jail of one year. You could also be arrested for assault or abuse of a peace officer, including extra penalties if you hurt or attempted to hurt the arresting officer while resisting.
Penalties for the initial DUI offense and the resisting detention charge will be added if found guilty. If you are charged with a misdemeanor and are found innocent of your first DUI, you might face the following punishments:
- Probation for three to five years for misdemeanors
- DUI education for three to nine months
- Suspension of your license for six months
- Installation of an ignition interlock device needs to be done for six months.
- six months in prison
- $1,500 to $2,000 in fines
Common defenses for resisting a DUI arrest
It can be scary and difficult to face charges of resisting arrest on top of a DUI alone. Fortunately, a knowledgeable criminal defense lawyer can use various techniques to weaken the prosecution’s case and protect your rights. The following are a few tactics that your lawyer could employ in response to your allegations of resisting arrest:
- You accidentally interfered with the police’s duties and did not intentionally oppose the officer.
- Because of racial profiling or other reasons, you were wrongfully arrested.
- The officer lacked sufficient grounds to make the arrest. You defended yourself by using unlawful force against the officer.
Your lawyer will evaluate your case and determine which strategies work best for your specific situation.